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HTMLIntent To Use - It’s Not The Thought That Counts
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 10, 2014
Bona fide intent, the sine qua non of non-use trademark applications, was given new meaning by the TTAB in a decision released unpublished February 21, 2014 but redesignated as precedent on March 26, 2014, thus placing at risk similar applications for oppositions and issued registrations for...

 

HTMLDry Times: How to Deal with the Impact of California’s Drought on Critical Commercial Agreements
Joel Cazares, Randal B. Short, Carren B. Shulman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
On January 17, 2014, California Governor Jerry Brown declared a “State of Emergency” in California due to the severity of drought conditions across the State. Since then, the California drought continues to be severe and unprecedented in recent years, and is taking a pervasive toll on...

 

HTMLAppellate Court Issues Opinion on SEC’s Conflict Minerals Rule
Curtis M. Dombek; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
Yesterday, the Court of Appeals for the D.C. Circuit issued its opinion in the challenge to the SEC’s Conflict Minerals Rule. We have reviewed the D.C. Court of Appeals decision and find that it leaves much of the SEC’s rule intact. It is specifically the requirement that companies...

 

HTMLThe Cybersecurity Race: Executive Branch Takes The Lead While Congress Watches From The Bleachers
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
The federal government sector has been abuzz lately with whispers and shouts about pending cybersecurity regulations, frameworks, and requirements. This attention is not particularly surprising, especially given the recent high-profile data breaches, the litigation threats surrounding those...

 

HTMLSweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary jurisdiction doctrine. The court held that the determination of the...

 

HTMLJ.M. Smucker Company Gets Out of a Jam in Food Labelling Case
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
On April 15, 2014, in the case Caldera v. The J.M. Smucker Co., CV 12-4936-GHK, J.M. (C.D. Cal.), Smucker Company (“Defendant”) defeated the plaintiff’s motion for class certification in a case challenging the labels on Defendant’s Crisco shortening and Uncrustables food...

 

HTMLFourth Circuit Affirms Dismissal of Securities Fraud Complaint Where Inference of Scienter Was Not Sufficiently Strong
Bridget Russell, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
In Yates v. Municipal Mortgage & Equity, LLC, No. 12-2496 (4th Cir. Mar. 7, 2014), the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C....

 

HTMLNew Registration Requirements and Deadline for PRC Domestic PE Funds and Managers
Emily Tsai; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 14, 2014
Domestic Chinese private equity managers should take notice of new provisional regulations requiring registration of domestic Chinese private equity managers and filings with the Asset Management Association of China (“AMAC”). Also, Chinese private equity managers should take notice of...

 

HTMLSeventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases
Dylan I. Ballard; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 21, 2014, previously published on April 16, 2014
On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge Richard Posner, simultaneously granted Motorola’s petition...

 

HTMLMcSweeny Confirmed to Fill Vacancy at FTC
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 21, 2014, previously published on April 10, 2014
The Federal Trade Commissions will soon be back to having a full complement of five commissioners. Today, the U.S. Senate, by a vote of 95 to 1, confirmed Terrell McSweeny to fill a vacancy at the agency created by the departure of Jon D. Leibowitz more than a year ago. Her term runs through...

 


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